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House
File
699
-
Introduced
HOUSE
FILE
699
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HF
487)
A
BILL
FOR
An
Act
relating
to
drug
paraphernalia
and
drug-checking
1
equipment.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
124.414,
subsection
1,
paragraph
b,
Code
1
2025,
is
amended
to
read
as
follows:
2
b.
“Drug
paraphernalia”
does
not
include
hypodermic
any
of
3
the
following:
4
(1)
Hypodermic
needles
or
syringes
if
manufactured,
5
delivered,
sold,
or
possessed
for
a
lawful
purpose.
6
(2)
Fentanyl
test
strips,
xylazine
test
strips,
or
other
7
materials
used
or
intended
for
use
in
testing
for
the
presence
8
of
fentanyl,
xylazine,
or
a
fentanyl
or
xylazine
analog
in
a
9
substance.
10
(3)
Other
drug-checking
equipment
used
to
inform
11
individuals
of
whether
a
substance
has
been
adulterated
by
the
12
presence
of
a
synthetic
opioid,
another
controlled
substance,
13
or
undisclosed
chemical
compound
or
contaminant.
14
(4)
Materials
used
by
agents
of
organizations
that
provide
15
harm
reduction
services
authorized
by
the
state,
a
county,
a
16
municipality,
or
a
public
health
department
in
the
processing,
17
preparing,
packaging,
repackaging,
storing,
or
containing
of
18
a
nominal
amount
of
a
controlled
substance
for
the
purpose
of
19
confirmatory
testing.
20
(5)
Drug-checking
equipment
used,
purchased,
transported,
21
or
distributed
by
agents
of
organizations
that
provide
harm
22
reduction
services
authorized
by
the
state,
a
county,
a
23
municipality,
or
a
public
health
department.
24
Sec.
2.
NEW
SECTION
.
124.414A
Drug-checking
equipment
use
25
permitted.
26
1.
As
used
in
this
section
and
section
124.414:
27
a.
“Drug
checking”
means
the
process
of
identifying,
28
analyzing,
or
detecting
the
composition
of
a
drug
or
the
29
presence
or
composition
of
an
unexpected
substance
within
the
30
drug.
31
b.
“Drug-checking
equipment”
means
equipment,
products,
32
or
materials
used,
designed
for
use,
or
intended
for
use
to
33
perform
drug
checking,
including
materials
and
items
used
34
by
the
person
operating
the
equipment
or
products
to
store,
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measure,
or
process
samples
for
analysis.
“Drug-checking
1
equipment”
includes
fentanyl
test
strips,
xylazine
test
strips,
2
other
immunoassay
drug
testing
strips,
colorimetric
reagents,
3
spectrometers
such
as
Fourier
transform
infrared
and
Raman
4
spectrometers,
and
equipment
that
uses
high-performance
5
liquid
chromatography,
gas
chromatography,
mass
spectrometry,
6
and
nuclear
magnetic
resonance
techniques.
“Drug-checking
7
equipment”
does
not
include
the
substances
being
analyzed,
drug
8
packaging,
or
drug
supplies.
9
c.
“Drug-checking
packaging”
means
the
materials
or
items
10
used
by
agents
of
organizations
that
provide
harm
reduction
11
services
to
safely
store,
contain,
cover,
or
transport
small
12
amounts
of
one
or
more
controlled
substances
or
controlled
13
substance
analogs.
“Drug-checking
packaging”
includes
but
is
14
not
limited
to
plastic
bags,
plastic
vials,
glass
vials,
and
15
wax
paper
bindles.
16
d.
“Eligible
activities”
means
purchasing,
obtaining,
17
providing,
transporting,
distributing,
using,
or
evaluating
the
18
use
of
drug-checking
equipment
by
organizations
that
provide
19
harm
reduction
services.
20
e.
“Harm
reduction”
means
a
program,
service,
support,
or
21
resource
that
attempts
to
reduce
the
adverse
consequences
of
22
substance
use
among
people
who
use
substances.
“Harm
reduction”
23
addresses
conditions
that
give
rise
to
substance
use,
as
well
24
as
the
substance
use
itself,
and
may
include
but
is
not
limited
25
to
drug
checking,
naloxone
distribution,
and
education
about
26
laws
protecting
overdose
reporters,
as
defined
in
section
27
214.418.
28
2.
A
person
may
do
any
of
the
following:
29
a.
Obtain,
possess,
purchase,
sell,
provide,
transport,
30
distribute,
use,
or
request
another
person
to
use
drug-checking
31
equipment.
32
b.
Possess,
transport,
deliver,
or
provide
drug
33
paraphernalia
or
a
nominal
amount
of
one
or
more
controlled
34
substances
or
controlled
substance
analogs
for,
or
during,
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analysis
by
drug-checking
equipment.
1
c.
Possess,
provide,
or
communicate
the
results
of
the
2
drug-checking
analysis
in
paper,
electronic,
or
verbal
form.
3
3.
The
state
may
authorize
use
of
state
or
4
state-administered
funds
including
but
not
limited
to
5
moneys
in
the
Iowa
opioid
litigation
settlement
proceeds
fund
6
for
eligible
drug-checking
activities.
7
4.
No
person
shall
prohibit
another
person
from
using
8
federal
funds
for
eligible
drug-checking
activities,
provided
9
the
use
of
the
federal
funds
is
consistent
with
federal
law
and
10
any
rules
governing
use
of
the
funds.
11
5.
No
person
shall
be
subject
to
the
following
for
engaging
12
in
any
act
authorized
under
this
section:
13
a.
Arrested,
charged,
prosecuted,
or
subject
to
revocation
14
of
probation,
parole,
or
pretrial
release.
15
b.
Civil,
disciplinary,
or
administrative
action.
16
c.
The
loss
of
one
or
more
dependents.
17
d.
The
loss
of
housing.
18
e.
Any
other
punitive
action
or
penalty
taken
against
the
19
person
for
engaging
in
any
act
authorized
under
this
section.
20
6.
The
fact
that
a
person
engages
in
any
act
authorized
21
under
this
section
shall
not:
22
a.
Serve
as
the
basis,
in
whole
or
in
part,
for
a
23
determination
by
a
law
enforcement
officer
or
any
court
of
24
probable
cause
or
reasonable
suspicion
to
stop,
search,
or
25
arrest
the
person
or
search
or
seize
the
person’s
property.
26
b.
Be
admissible
as
evidence
in
a
criminal
case
or
27
administrative
action
against
the
person.
28
7.
The
results
from
a
drug-checking
analysis
shall
not
be
29
used
by
any
person
for
treatment
or
other
clinical
decisions,
30
in
any
criminal
investigation,
or
as
evidence
in
a
criminal
31
case
or
administrative
action.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
drug
paraphernalia
and
drug-checking
1
equipment.
2
Under
current
law,
a
person
who
knowingly
or
intentionally
3
manufactures,
delivers,
sells,
or
possesses
drug
paraphernalia
4
commits
a
simple
misdemeanor.
Hypodermic
needles
or
syringes
5
manufactured,
delivered,
sold,
or
possessed
for
a
lawful
6
purpose
are
exempt
from
the
definition
of
“drug
paraphernalia”.
7
The
bill
also
exempts
test
strips
or
other
materials
used
or
8
intended
for
use
in
testing
for
the
presence
of
fentanyl,
9
xylazine,
or
a
fentanyl
or
xylazine
analog
in
a
substance;
10
drug-checking
equipment
used
to
inform
individuals
of
whether
11
a
substance
has
been
adulterated;
materials
used
by
agents
12
of
organizations
that
provide
harm
reduction
services
in
13
the
processing,
preparing,
packaging,
repackaging,
storing,
14
or
containing
of
a
nominal
amount
of
a
controlled
substance
15
for
the
purpose
of
confirmatory
testing;
and
drug-checking
16
equipment
used,
purchased,
transported,
or
distributed
by
17
agents
of
organizations
that
provide
harm
reduction
services
18
authorized
by
the
state,
a
county,
a
municipality,
or
a
public
19
health
department
from
the
definition
of
“drug
paraphernalia”.
20
The
bill
provides
that
a
person
may
do
any
of
the
following:
21
obtain,
possess,
purchase,
sell,
provide,
transport,
22
distribute,
use,
or
request
another
person
to
use
drug-checking
23
equipment;
possess,
transport,
deliver,
or
provide
drug
24
paraphernalia
or
a
nominal
amount
of
one
or
more
controlled
25
substances
or
controlled
substance
analogs
for,
or
during,
26
analysis
by
drug-checking
equipment;
and
possess,
provide,
or
27
communicate
the
results
of
the
drug-checking
analysis
in
paper,
28
electronic,
or
verbal
form.
29
The
bill
provides
that
the
state
may
authorize
use
of
state
30
or
state-administered
funds
including
but
not
limited
to
moneys
31
in
the
Iowa
opioid
litigation
settlement
proceeds
fund
for
32
eligible
drug-checking
activities.
33
The
bill
provides
that
no
person
shall
be
subject
to
the
34
following
for
engaging
in
any
act
authorized
by
the
bill:
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arrested,
charged,
prosecuted,
or
subject
to
revocation
of
1
probation,
parole,
or
pretrial
release;
civil,
disciplinary,
or
2
administrative
action;
the
loss
of
one
or
more
dependents;
the
3
loss
of
housing;
or
any
other
punitive
action
or
penalty
taken
4
against
the
person.
5
The
bill
provides
that
the
fact
that
a
person
is
engaging
in
6
any
act
authorized
by
the
bill
shall
not:
serve
as
the
basis
7
for
a
determination
by
a
law
enforcement
officer
or
any
court
8
of
probable
cause
or
reasonable
suspicion
to
stop,
search,
or
9
arrest
the
person
or
search
or
seize
the
person’s
property;
or
10
be
admissible
as
evidence
in
a
criminal
case
or
administrative
11
action
against
the
person.
The
results
from
a
drug-checking
12
analysis
shall
not
be
used
by
any
person
for
treatment
or
13
other
clinical
decisions,
in
any
criminal
investigation,
or
as
14
evidence
in
a
criminal
case
or
administrative
action.
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